PEMAKZULAN KEPALA NEGARA DALAM KONSTITUSI INDONESIA, KONSTITUSI IRAN, DAN FIQIH SIYASAH: SEBUAH PERBANDINGAN

Abstract

The impeachment of the head of state is an attempt to remove the head of state from office before the term of office ends. In order for the impeachment effort to have constitutional value, it must be carried out according to the method stipulated in the constitution. Although it has been regulated in detail in the 1945 Constitution of the Republic of Indonesia, it would be better if the provisions regarding the impeachment of heads of state continued to be perfected to complete the shortcomings. This study seeks to find new points from the constitutional system outside Indonesia which can then be adopted into Indonesian constitution. This research is a normative legal research using a statute approach, a conceptual approach, and a comparative approach. The results of this study indicate that the procedure for impeaching heads of state between the Republic of Indonesia, the Islamic Republic of Iran, and Fiqh Siyasah have similarities and differences which when combined will complement each other's shortcomings. The provisions for impeaching the head of state in the Iranian constitution and Fiqh Siyasah can improve the provisions for impeaching the head of state in the Indonesian constitution and other laws and regulations that are too broad in meaning, such as: (1) the President commits a disgraceful act (Article 7A of the 1945 Constitution of the Republic of Indonesia), and (2) does not able spiritually and physically to carry out his duties and obligations as president (Article 7A of the 1945 Constitution of the Republic of Indonesia in conjunction with Article 169 letter e of Law No. 7 of 2017). For the rest, the Indonesian constitution is quite good at regulating the impeachment of heads of state.